AN ACT TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO INFORM THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING CONTIGUOUS PROPERTY AND TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO OBTAIN THE APPROVAL OF THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO CONDUCTING A SATELLITE ANNEXATION OF CERTAIN PROPERTY AND PRIOR TO REZONING CERTAIN PROPERTY ACQUIRED BY SATELLITE ANNEXATION. SL 2022-24. Enacted June 30, 2022. Effective June 30, 2022.
ECONOMIC GROWTH ACT.
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AN ACT TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO INFORM THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING CONTIGUOUS PROPERTY AND TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO OBTAIN THE APPROVAL OF THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO CONDUCTING A SATELLITE ANNEXATION OF CERTAIN PROPERTY AND PRIOR TO REZONING CERTAIN PROPERTY ACQUIRED BY SATELLITE ANNEXATION.Intro. by Jarvis.
SOG comments (2):
Long title change
Senate committee substitute to the 2nd edition changed the long title. Previous title was AN ACT REQUIRING MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO OBTAIN THE APPROVAL OF THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING AN AREA OVER WHICH THE DAVIDSON COUNTY BOARD OF COMMISSIONERS HAS JURISDICTION.
Bill History:
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Tue, 31 May 2022 Senate: Filed
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Wed, 1 Jun 2022 Senate: Passed 1st Reading
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Wed, 1 Jun 2022 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 2 Jun 2022 Senate: Withdrawn From Com
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Tue, 14 Jun 2022 Senate: Reptd Fav Com Substitute
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Tue, 14 Jun 2022 Senate: Com Substitute Adopted
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Tue, 14 Jun 2022 Senate: Re-ref Com On Finance
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Wed, 15 Jun 2022 Senate: Reptd Fav
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Wed, 15 Jun 2022 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 21 Jun 2022 Senate: Withdrawn From Com
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Wed, 22 Jun 2022 Senate: Reptd Fav Com Substitute
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Wed, 22 Jun 2022 Senate: Com Substitute Adopted
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Wed, 22 Jun 2022 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 27 Jun 2022 Senate: Reptd Fav
Bill Summaries:
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Bill S 907 (2021-2022)Summary date: Jun 30 2022 - View Summary
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Bill S 907 (2021-2022)Summary date: Jun 28 2022 - View Summary
Senate amendment to the 3rd edition makes the following changes.
Revises the annexations excluded from the act to now exclude annexations of property to be used for single-family residential or multi-family residential purposes (was, annexations of property used for single-family residential or multi-family residential purposes).
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Bill S 907 (2021-2022)Summary date: Jun 22 2022 - View Summary
Senate committee substitute to the 2nd edition makes the following changes.
Revises the proposed requirements for annexations by municipalities located wholly or partly in Davidson County as follows. Establishes separate requirements to supplement the provisions of Part 1, Article 4A, GS Chapter 160A (extension by petition), requiring the governing body to give at least 10 days' notice to the Davidson County Board of Commissioners of their intent to adopt the annexation ordinance. Changes the scope of the four supplemental requirements previously listed, making them applicable only to annexations under Part 4, Article 4A, GS Chapter 160A (annexation of noncontiguous areas) (previously, the four conditions were proposed to be supplemental to Parts 1, 4, and 7; Part 7 relates to annexations initiated by municipalities). Makes conforming changes to eliminate references to resolutions of intent in the previously included requirements, as now addressed in separate Section 1. Adds to the provisions applicable to annexations under Part 4, Article 4A, GS Chapter 160A, providing that, if the Davidson County Board of Commissioners adopts a resolution approving the annexation and the governing body adopts the annexation ordinance, any rezoning of areas annexed is prohibited without the approval of the governing body and the Board of Commissioners. Now excludes annexations of property used for single-family residential or multi-family residential purposes (was, at the time the annexation is initiated). Adds a new provision specifying that the act does not alter or amend SL 2012-54, which requires the Board of Commissioners to approve a city not primarily located within Davidson County's annexation of territory within the County. Changes the act's long title.
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Bill S 907 (2021-2022)Summary date: Jun 14 2022 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Changes the scope of the act to include Davidson County and any municipality located wholly or in part in the County seeking to annex an area located wholly within the County (was, Davidson County and municipalities wholly or in part in the County). Adds a new exclusion from the act's provisions for the annexation of any property being used for single-family residential or multi-family residential purposes at the time the annexation is initiated. Regarding the enumerated provisions applicable to annexations under GS Chapter 160A, Article 4A, Parts 1 (extension by petition), 4 (annexation of noncontiguous areas) and 7 (annexations initiated by municipalities), no longer specifies that the act's provisions apply notwithstanding any other provisions of law, and instead provides that the act's enumerated provisions apply in addition to the applicable provisions of GS Chapter 160A, Article 4A, Parts 1, 4, and 7. Revises the act's provisions as follows.
Requires the governing body of a municipality (body), before adopting an annexation ordinance or a resolution of intent, to notify the county board of commissioners (board) of the intent to adopt an annexation ordinance or resolution of intent (previously, required the body to get approval of the annexation from the board or boards with jurisdiction over the area). Establishes a timeframe within which the board must set a date for a public hearing on the annexation ordinance or resolution of intent, now requiring the hearing to be held within 45 days of receipt of notice. Allows for the body to proceed with adoption of the annexation ordinance or resolution of intent upon the board finding, after the public hearing, that the interests of the inhabitants of the county and the area proposed for annexation will be best served by the annexation (previously, upon the board finding that the public health, safety, and welfare of the inhabitants of the county will be best served by the annexation). Similarly changes the language regarding the board's disapproval, now barring a body from proceeding with the adoption of the annexation ordinance or the resolution of intent, or beginning a separate annexation process with respect to the area proposed for annexation, or any part thereof (previously, did not specifically encapsulate any part thereof), for at least 36 months from the date of the board's adoption of the resolution disapproving annexation, if the board finds, after public hearing, that the interest of the inhabitants of the county and the area proposed for annexation will not be best served by the annexation.
Changes the act's long title.
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Bill S 907 (2021-2022)Summary date: May 31 2022 - View Summary
Sets out the following provisions applicable to annexations under GS Chapter 160A, Article 4A, Parts 1 (extension by petition), 4 (annexation of noncontiguous areas) and 7 (annexations initiated by municipalities), only applicable to Davidson County and the municipalities wholly or in part in the County.
Requires the governing body of a municipality, before adopting an annexation ordinance or a resolution of intent, to get approval of the annexation from the board or boards of county commissioners (board) with jurisdiction over the area. Requires the Board to set a date for a public hearing on the annexation ordinance or resolution of intent; sets out requirements for notice of the hearing and allows any person residing in or owning property in the area proposed for annexation and any resident of the municipality seeking the annexation to be heard. Requires when the board finds that the public health, safety, and welfare of the counties will be best served by the annexation, that the board adopt a resolution approving the annexation, allowing the municipal governing body to proceed. If, however, the board finds that the public health, safety, and welfare of the inhabitants of the county will not be best served by the annexation, the board must adopt a resolution disapproving the annexation, and the municipal governing body may not proceed with the adoption of the annexation ordinance or resolution of intent or begin a separate annexation process with respect to that proposed annexation area for at least 36 months.
Applies to annexations initiated on or after July 1, 2022.
Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT REQUIRING MUNICIPALITIES IN DAVIDSON COUNTY OBTAIN THE APPROVAL OF THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING AN AREA OVER WHICH THE BOARD HAS JURISDICTION.